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Committee Reports

107th Congress (2001-2002)

House Report 107-629

House Report 107-629 1 of 1

This Report: To Accompany H.R.3223     Printer Friendly: HTML  |  PDF




{link: 'http://www.congress.gov:80/cgi-bin/cpquery?',title: 'THOMAS - Committee Report - House Report 107-629' }

JICARILLA APACHE RESERVATION RURAL WATER SYSTEM ACT

99-006

107TH CONGRESS

REPORT

HOUSE OF REPRESENTATIVES

2d Session

107-629
JICARILLA APACHE RESERVATION RURAL WATER SYSTEM ACT

SEPTEMBER 4, 2002- Committed to the Committee of the Whole House on the State of the Union and ordered to be printed
Mr. HANSEN, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 3223]
[Including cost estimate of the Congressional Budget Office]

The Committee on Resources, to whom was referred the bill (H.R. 3223) to authorize the Secretary of the Interior, through the Bureau of Reclamation, to construct the Jicarilla Apache Nation Municipal Water Delivery and Wastewater Collection Systems in the State of New Mexico, and for other purposes, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.

The amendment is as follows:

Strike all after the enacting clause and insert the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the `Jicarilla Apache Reservation Rural Water System Act'.

SEC. 2. PURPOSES.

The purposes of this Act are as follows:

SEC. 3. DEFINITIONS.

SEC. 4. JICARILLA APACHE RESERVATION RURAL WATER SYSTEM.

SEC. 5. GENERAL AUTHORITY.

SEC. 6. PROJECT REQUIREMENTS.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

SEC. 8. PROHIBITION ON USE OF FUNDS FOR IRRIGATION PURPOSES.

SEC. 9. WATER RIGHTS.

PURPOSE OF THE BILL

The purpose of H.R. 3223 is to authorize the Secretary of the Interior, through the Bureau of Reclamation, to construct the Jicarilla Apache Nation Municipal Water Delivery and Wastewater Collection Systems in the State of New Mexico, and for other purposes.

BACKGROUND AND NEED FOR LEGISLATION

Beginning in 1972 the Jicarilla Tribal Council initiated efforts to address its future water right needs. Public Law 102-441, enacted in 1992, entitled the Jicarilla Apache Nation to perpetual water rights to help secure a more permanent water supply. Since 1972, as economic conditions have changed, the village of Dulce, located on the Jicarilla Apache Reservation in New Mexico, has become the urban center of the area due to a population shift from farm and ranch land to the town. While this change has taken place there has been no concerted effort to develop a comprehensive community land use and infrastructure development plan.

The current water system for Dulce is owned by the Bureau of Indian Affairs, and consists of a piecemeal municipal water delivery and wastewater collection system on the Jicarilla Apache Reservation. This system has deteriorated over the years due to lack of capital improvements and maintenance by the Bureau of Indian Affairs. Because of this deterioration, the wastewater system and sewage lagoons operate at over 100 percent capacity during the summer months and over 500 percent capacity during the winter months. Proponents of the legislation argue that a lack of reliable potable water impedes economic development and has detrimental effects on the quality of life, including public health, and economic self-sufficiency of the Jicarilla Apache Nation.

Public Law 106-243 directed the Secretary of the Interior, through the Bureau of Reclamation, to conduct a feasibility study to determine the most feasible methods of developing a safe and adequate water supply for the Jicarilla Apache Nation. H.R. 3223 would authorize construction of the rural water supply project recommended in the planning report and environmental assessment entitled Municipal Water and Wastewater Systems Improvement Jicarilla Apache Nation Dulce, New Mexico, prepared as a result of Public Law 106-243.

This legislation will allow the Jicarilla Apache Nation to work with the Bureau of Reclamation to plan, design, and construct the water supply, delivery, and wastewater collection system which would bring the water quality up to federal water quality standards, and allow for continued development in the area by expanding the quantity of potable water available. The Bureau of Reclamation will be responsible for the construction costs of this project, while the Jicarilla Apache Nation will assume the annual operation, maintenance, and replacement costs of the project.

COMMITTEE ACTION

H.R. 3223 was introduced on November 1, 2001, by Congressman Tom Udall (D-NM). The bill was referred to the Committee on Resources, and within the Committee to the Subcommittee on Water and Power. The Subcommittee held a legislative hearing on the bill on June 5, 2002. On June 26, 2002, the Full Resources Committee met to consider the bill. The Subcommittee on Water and Power was discharged from further consideration of the bill by unanimous consent. Mr. Tom Udall offered an amendment adopted by unanimous consent to clarify that the costs the tribe has expended to date for planning and to initiate construction constitutes its cost sharing obligation. The amendment also clarifies that the tribe will pay for operation and maintenance expenses once the Secretary determines that the project is substantially complete. The amendment was adopted by unanimous consent. No further amendments were offered and the bill as amended was ordered favorably reported to the House of Representatives by unanimous consent.

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII of the Rules of the House of Representatives, the Committee on Resources' oversight findings and recommendations are reflected in the body of this report.

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States grants Congress the authority to enact this bill.

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974.

2. Congressional Budget Act. As required by clause 3(c)(2) of rule XIII of the Rules of the House of Representatives and section 308(a) of the Congressional Budget Act of 1974, this bill does not contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures.

3. General Performance Goals and Objectives. As required by clause 3(c)(4) of rule XIII, the general performance goal or objective of this bill is to authorize the Secretary of the Interior, through the Bureau of Reclamation, to construct the Jicarilla Apache Nation Municipal Water Delivery and Wastewater Collection Systems in the State of New Mexico, and for other purposes.

4. Congressional Budget Office Cost Estimate. Under clause 3(c)(3) of rule XIII of the Rules of the House of Representatives and section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the Director of the Congressional Budget Office:

U.S. Congress,

Congressional Budget Office,

Washington, DC, August 6, 2002.

Hon. JAMES V. HANSEN,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3223, the Jicarilla Apache Reservation Rural Water System Act.

If you wish further details on this estimate, we will be pleased to provide them. The CBO staff contact is Julie Middleton.

Sincerely,

Barry B. Anderson

(For Dan L. Crippen, Director).

Enclosure.

H.R. 3223--Jicarilla Apache Reservation Rural Water System Act

Summary: H.R. 3223 would require the Secretary of the Interior through the Bureau of Reclamation to plan, design, and construct water supply, delivery, and wastewater collection systems on the Jicarilla Apache Reservation in New Mexico. In addition, the bill would require the Secretary to turn over title to the system to the tribe, who would assume responsibility for operating, maintaining and replacing it.

Assuming appropriation of the necessary funds, CBO estimates that implementing H.R. 3223 would cost $38 million over the 2002-2007 period. H.R. 3223 would not affect direct spending or receipts; therefore, pay-as-you-go procedures would not apply.

H.R. 3223 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) and would impose no costs on state, local, or tribal governments. The project authorized by this legislation would benefit the Jicarilla Apache Nation. Any costs incurred by the tribe as a result of its participation in the project would be voluntary.

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 3223 is shown in the following table. The costs of this legislation fall within budget function 300 (natural resources and environment).


----------------------------------------------------------------------------------------------------
                                  By fiscal year, in millions of dollars--                          
                                                                      2002 2003 2004 2005 2006 2007 
----------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION                                                                   
Spending Under Current Law:                                                                         
Budget Authority                                                         3    0    0    0    0    0 
Estimated Outlays                                                        1    2    0    0    0    0 
Proposed Changes:                                                                                   
Estimated Authorization Level                                            0    9    9   10   10   10 
Estimated Outlays                                                        0    3    6    9   10   10 
Spending Under H.R. 3223:                                                                           
Estimated Authorization Level                                            3    9    9   10   10   10 
Estimated Outlays                                                        1    5    6    9   10   10 
----------------------------------------------------------------------------------------------------

Basis of estimate: CBO estimates that the bill would authorize the appropriation of about $48 million (including adjustments for anticipated inflation) to complete the Jicarilla project. For this estimate, CBO assumes that H.R. 3223 will be enacted by the start of fiscal year 2003 and that the necessary funds will be appropriated for each year. CBO estimates that completion of the project would cost $38 million over the 2003-2007 period and $10 million after 2007. Based on information from the Bureau of Reclamation, CBO expects that funds would be appropriated in roughly equal installments over the next five years.

Pay-as-you-go considerations: None.

Estimated intergovernmental and private-sector impact: H.R. 3223 contains no intergovernmental or private-sector mandates as defined in UMRA and would impose no costs on state, local, or tribal governments. The project authorized by this legislation would benefit the Jicarilla Apache Nation. Any costs incurred by the tribe as a result of its participation in the project would be voluntary.

Estimate prepared by: Federal Costs: Julie Middleton; Impact on State, Local, and Tribal Governments: Marjorie Miller; and Impact on the Private Sector: Cecil McPherson.

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis.

COMPLIANCE WITH PUBLIC LAW 104-4

This bill contains no unfunded mandates.

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law.

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing law.



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